Application Seeking Exemption From Surrendering Is Not Required To Be Filed Along With SLPs Against Cancellation Of Bail: Supreme Court

The Supreme Court observed that an application seeking exemption from surrendering is not required to be filed along with a special leave petitions against cancellation of bail orders.

Justice Pamidighantam Sri Narasimha, while considering one such case, noted that large number of such applications for exemptions are routinely filed when there is no need to adopt such a procedure at all.

"The officers of the Registry must know the Supreme Court Rules like the back of ones hand. Order XXII Rule 5, applies only to cases where the petitioner is 'sentenced to a term of imprisonment' and it cannot be confused with simple orders of cancellation of bail.", the judge said.

Registrar (Judicial) has been directed to issue formal instructions to the concerned filing, scrutiny and numbering Sections with respect to matters in which Order XX, Rule 3 and Order XXII, Rule 5 will apply.

In this case, the petitioner was arrested for an offence under Section 420 read with 34 IPC. He was granted bail by the High Court subject to payment of an amount. Upon his failure to pay the amount the High Court recalled its order granting bail and ordered the petitioner to surrender. An application to recall that order came to be dismissed by the impugned order. A Special Leave Petition was filed against the said order. Along with it an application for exemption from surrendering was also filed.

The Chamber Judge granted exemption and a notice was issued on the application. On 10.08.2021 the Chamber Judge directed that the petitioner must pay balance money within four weeks, if not, the application for surrendering will be dismissed without reference to the Court. As the amount was not deposited it was assumed that the application stands dismissed without reference to the Court. Thus, the petitioner filed the application for restoration.

This time, the application was considered by Justice Narasimha. The judge enquired from the lawyer for the petitioner the need for seeking an exemption from surrendering when the order impugned is only a case of cancellation of bail.

"He says that the Registry normally insists on filing such an application and he has no option. When I informed the counsel that the Rule applies only for Criminal Appeals or Special Leave Petitions where the petitioner is 'sentenced to a term of imprisonment' and not to SLP's against cancellation of bail, some lawyers spoke from the Bar and said that they find it prudent to file such applications instead of arguing with the Registry without any success. This is completely unacceptable.", the judge noted.

Another lawyer, Adv Raghenth Basant, brought to the notice of the judge that successive orders have been passed by the Supreme Court holding that applications for surrender were wrongly filed and that there was no need to insist on filing of such applications. [Kapur Singh Vs. State of Haryana 2021 SCC Online 586, Dilip Majumder v. Nikunja Das &Anr. SLP (Crl) Dy. No.6517/2020, Vivek Rai v. High Court of Jharkhand (2015) 12 SCC 86, K.M. Nanavati v. State of Bombay AIR 1961 SC 112 3 (para 15) and Mayuram Subramanian Srinivasan v. CBI (2006) 5 SCC 752 (paras 16 to 18)]

"All this happened when there is no mandate in law to seek an exemption from surrendering at all. The Constitutional remedy under Article 136 is available to the petitioner without surrendering as this is not a case where the accused is 'sentenced'. As this is not a case requiring surrender, there was never a need to file the application for exemption from surrendering.", the judge said.

The bench therefore recalled the earlier order and directed the case to be listed before the Regular Bench for admission and disposal. 

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